Ganduje: Court Orders Two Kano Judges To Resign Within 48 Hours Or Be Sanctioned 

Ayuba Sanusi 

JUSTICE Simon Amobeda of a Federal High Court sitting in Kano has ordered two serving judges of Kano State High Court, Justice Farouk Lawan Adamu and Justice Zuwaira Yusuf, to resign from their appointments as heads of two separate judicial commissions within 48 hours.

This order targets appointments made by Kano State governor, Abba Yusuf. Justice Adamu was appointed to lead the Judicial Commission of Inquiry for the Recovery of Misappropriated Public Properties and Assets, while Justice Yusuf was appointed to head the Judicial Commission of Inquiry on Political Violence and Missing Persons.

Justice Amobeda’s order is sequel to a case filed by former Kano State governor, now All Progressives Congress (APC) National Chairman, Abdullahi Umar Ganduje, who sought to prevent Governor Yusuf from investigating his administration. The defendants in the suit include the National Judicial Council (NJC), Revenue Mobilisation Allocation and Fiscal Commission (RMAFC), Attorney-General of Kano State, Hon. Justice Faruk Lawan Adamu and Hon Justice Zuwara Yusuf. 

The court held that the 4h and 5 Defendants (Justices Adamu and Yusuf are not legally permitted, while still purporting to hold the Office of Judge of High Court of Kano State, to accept appointments as Chairmen of Commissions of Inquiry with quasi-judicial powers equivalent powers to that of a Magistrate Court and subject to review by a Judge of the High Court of Kano State.

“By the combined effect of sections 5 and 6 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the action of the Governor of Kano State of appointing the 4th and 5h Defendants as Chairmen of the Commissions of Inquiry pursuant to the provision of Sections 3 and 6 of the Commission of Inquiry Law, Cap.

26, Laws of Kano State, instead of appointing from amongst the commissioners of Kano State Government, is an encroachment into and undermining the judicial arm of government, a breach of the doctrine of separation of powers, a grave violation of the Constitution, and gross misconduct on the part of the Governor of Kano State”, the court held. 

The court also held that “by the combined provisions of Section 153(1)\) of the Constitution of the Federal Republic of Nigeria, 1999, CFRN, 1999 (as amended), Paragraph 21(d) of Part I of the Third Schedule Constitution of the Federal Republic of Nigeria, 1999 (as amended) and sections 1, 3 and 6 of the Commission of Inquiry Law, Cap. 26, Laws of Kano State, the Governor of Kano State has no power to appoint the 4h and 5 Defendants and administer another Oath of Office on them to serve as Chairmen of Commission of Inquiry constituted by the Governor of Kano State, an office meant for commissioners of Kano State government in order to exercise executive powers assigned to them by the Governor of Kano State and stop them from performing their functions as judges of the High Court of Kano State, without recourse to the 1st Defendant.”

The judge further ruled that if the two judges fail to comply within the 48-hour timeframe, the National Judicial Council (NJC) will halt their salaries and benefits.

The court highlighted that judges should not engage in executive functions assigned by the governor, as their primary role is to adjudicate disputes in court. Justice Amobeda emphasized that the governor’s action to appoint these judges to the commissions without appealing an earlier judgment by Justice A. Liman was an abuse of office.

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